"Intellectual freedom cannot bring itself into existence. Librarians must apply the principles of intellectual freedom to activities undertaken daily, including materials selection; cataloging and classification; circulation, reference, and readers' advisory services; and protection of confidential patron information. The fole of the library cannot be filled by any other societal institution... It is the library, and in the library alone, that self-directed learning, to the limits of one's abilities and to the limits of what is known, can take place." (xix)
“Intellectual freedom accords all library users the right to seek and receive information on all subjects from all points of view without restriction and without having the subject of one’s interest examined or scrutinized by others”
"Both Thomas Jefferson and James Madison felt strongly that an informed and educated citizenry is the best defense against a despotic or tyrannous government." (5)
(7-10) brief summaries re: framework of intellectual freedom by type of library - First Amendment = applies to publicly funded institutions
Public libraries = publicly funded = 1st Amendment accountability (7)
School Library Media Centers = some are publicly funded, others private ... (7-8)
Academic libraries = some are publicly funded, others private ... (8-9)
Federal Libraries = publicly funded = 1st Amendment accountability (8-9)
It was library censorship of specific publications that spurred librarians to take steps in favor of intellectual freedom.
One early incident = 1924 (noted in ALA's Executive Board Meeting minutes) re: claims that Carnegie Library used very strict collection management standards that result in self-censorship (13)
re: early library literature, few articles re: intellectual freedom prior to 1930's but those were often in favor to some degree of censorship (such as materials that encourage readers to "do wrong") (14-150
In the late 1930's, the ALA's anti-censorship position "finally emerged" re: Steinbeck's Grapes of Wrath being censored in libraries across the nation (15)
The Grapes of Wrath matter led to ALA's development of the Library's Bill of Rights in 1939 (precursor to Library Bill of Rights). (15)
The Intellectual Freedom Committee was formed in 1940 (originally called the Committee on Intellectual Freedom to Safeguard the Rights of Library Users to Freedom on Inquiry) (15)
The last revision to the Library Bill of Rights was in 1980, with interpretive documents being reviewed and updated regularly thereafter (16)
"Taken together, these documents recognize and explain that censorship of any materials, in any guise, eventually affects the library. The Library Bill of Rights, therefore, provides principles upon which libraries may stand to oppose censorship and promote intellectual freedom." (16)
"On its face, the profession’s view of intellectual freedom is a pure one, based on a strict reading of the First Amendment to the U.S. Constitution, which states, “Congress shall make no law ... abridging freedom of speech, or of the press.”" (16)
Free Access to Library Materials (17-18)
First recognized as important in 1939's Library's Bill of Rights (17)
Minor's rights to free access was included in a 1967 amendment (the word "age" was included) (17)
In 1980, the Library Bill of Rights was revised to encompass all discrimination based on “origin, age, background, or views.” (17)
Privacy and Confidentiality (18-21)
"Another aspect of the library patron’s access to materials was broached in 1970, when the Internal Revenue Service requested permission from several libraries to examine circulation records to determine the names of persons reading materials about explosives and guerrilla warfare. The Association responded by developing its Policy on Confidentiality of Library Records, urging libraries to designate such records as confidential and accessible only “pursuant to such process, order, or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative investigatory power” (see part 3, section 5.1). The rationale of the policy was that circulation records are purely circumstantial evidence that a patron has read a book and that fear of persecution or prosecution may restrain users from borrowing any conceivably controversial materials, for whatever purpose." (18)
(18-19) 1980's = start of FBI's Library Awareness Program - Wikipedia - Per Wikipedia: "This program was designed as a counterintelligence effort that would provide information to the FBI including the names and reading habits of users of many different libraries. The FBI was particularly interested in learning this type of information about foreign diplomats or their agents. It is clear that librarians and the public were unaware of this program until its existence was made public in an article published September 18, 1987 in the New York Times."
The Library Awareness Program may still be in operation (19)
Per Wikipedia: "The issue has gathered a renewed concern since “9-11”, and the “Patriot Act”. Some people believe that the Patriot Act grants the government the right to inspect patron records without due cause in much the same way as the Library Awareness Program."
"Federal agencies are not alone in attempting to make use of library-patron records. Local law enforcement officials, journalists, students, parents, fund-raisers, marketing professionals, civil litigants, and politicians have been known to seek borrowing records, registration data, mailing lists, and other information about library patrons." (19)
ALA Advocacy and Support for Intellectual Freedom (21-26)
"Although the profession, through ALA, formulates policies to help ensure a climate favorable to intellectual freedom, the individual librarian is the key to achieving the end result." (21)
ALA Committee on Professional Ethics (Standing Council) (21-22) (Per ALA website, "The Council Committee on Professional Ethics shall augment the Code of Ethics by explanatory interpretations and additional statements, prepared by this committee or elicited from other units of ALA. When units of the association develop statements dealing with ethical issues, a copy will be sent to the Committee on Professional Ethics for review so that it may be compared to the existing ALA Code of Ethics in order to determine whether or not conflicts occur.") ... became a standing council in 1975 (21)
ALA Intellectual Freedom Committee (22) (Per ALA website, "The Intellectual Freedom Committee (IFC) recommends such steps as may be necessary to safeguard the rights of library users, libraries, and librarians, in accordance with the First Amendment to the United States Constitution and the Library Bill of Rights as adopted by the ALA Council and works closely with the Office for Intellectual Freedom and with other units and officers of the Association in matters touching intellectual freedom and censorship.") Established in 1940 (22)
ALA's Office for Intellectual Freedom (22-24) ...Per ALA website, "Established December 1, 1967, the Office for Intellectual Freedom is charged with implementing ALA policies concerning the concept of intellectual freedom as embodied in the Library Bill of Rights, the Association’s basic policy on free access to libraries and library materials.") ... serves as administration arm of the Committee on Professional Ethics and the Intellectual Freedom Committee (23)
ALA's Intellectual Freedom Round Table (24) ... formed in 1973 ... vehicle for ALA members to be involved ... from ALA's website, "The Intellectual Freedom Round Table (IFRT) provides a forum for the discussion of activities, programs, and problems in intellectual freedom of libraries and librarians; serves as a channel of communications on intellectual freedom matters; promotes a greater opportunity for involvement among the members of the ALA in defense of intellectual freedom; promotes a greater feeling of responsibility in the implementation of ALA policies on intellectual freedom."
Program of Action in Support of the Library Bill of Rights (26-27)
LeRoy C. Merritt Humanitarian Fund (27) ... Per ALA website, "The LeRoy C. Merritt Humanitarian Fund was established in 1970 as a special trust in memory of Dr. LeRoy C. Merritt. It is devoted to the support, maintenance, medical care, and welfare of librarians who, in the Trustees’ opinion, are: * Denied employment rights or discriminated against on the basis of gender, sexual orientation, race, color, creed, religion, age, disability, or place of national origin; or * Denied employment rights because of defense of intellectual freedom; that is, threatened with loss of employment or discharged because of their stand for the cause of intellectual freedom, including promotion of freedom of the press, freedom of speech, the freedom of librarians to select items for their collections from all the world’s written and recorded information, and defense of privacy rights."
The Librarian and Personal Intellectual Freedom (28-30)
"The question of what support should be given to librarians who suffer professionally because of personal beliefs and actions has been approached in individual cases but has not been fully resolved." (28)
"Although the question of how far librarians will go to support colleagues in defense of intellectual freedom will always be resolvable only on a case-by-case and issue-by-issue basis, the response to Layton’s courageous stand surely indicates that in general the library profession takes its responsibilities on this front seriously indeed." (28-29)
The Library and Advocacy for Social and Political Issues (29-33)
"Continually debated within the profession and the American Library Association, the issue has been summarized as neutrality versus advocacy. In essence, the question is, can libraries, as institutions, advocate social or political causes and still maintain their image as providers of views representing all sides of all questions?" (29)
Measuring the Profession's Response (33-35)
"ALA’s evolving position reflects the steady emergence of a philosophy within the entire library community. Although that philosophy exhibits some loose ends, its core grows firmer, based on a history of trial and error and forced response to a continually changing social climate. The philosophy is young, too young to be rooted in tradition, but gradually it has gained recognition as the substance of the total philosophy shaping library service in the United States" (33)
"Undoubtedly, as threats to free expression at home and abroad become more complex and interwoven, the line separating advocacy from neutrality will be crossed many times. Following the best of democratic traditions, a healthy debate on the library’s role in the issues of the moment must be encouraged." (35)
Important to remember that challenges to materials and services provided by publicly funded libraries are also protected under the First Amendment (freedom "to petition the Government for a redress of grievances.") (37)
Specific issues change, but currently challenges relate to four major issues ... 1. rights of young people to access library materials/services; 2. Internet access / access to digital information/services; 3. library patron privacy / confidentiality of records; 4. services to diverse populations (37)
Rights of Youth (38)
Per ALA's Free Access to Libraries for Minors: An Interpretation of the Library Bill of Rights - "Librarians and governing bodies should maintain that parents—and only parents—have the right and the responsibility to restrict the access of their children—and only their children—to library resources. Parents who do not want their children to have access to certain library services, materials, or facilities should so advise their children. Librarians and library governing bodies cannot assume the role of parents or the functions of parental authority in the private relationship between parent and child."
The Internet and Digital Information and Services (39)
ALA does not recommend filters in publicly funded libraries (39)
summary re: CIPA (Children's Internet Protection Act), enacted by Congress in 2000
Per ALA's CIPA webpage: "The Children's Internet Protection Act (CIPA) and the Neighborhood Internet Protection Act (NCIPA) went into effect on April 20, 2001. These laws place restrictions on the use of funding that is available throught the Library Services and Technology Act, Title III of the Elementary and Secondary Education Act, and on the Universal Service discount program known as the E-rate (Public Law 106-554). These restrictions take the form of requirements for Internet safety policies and technology which blocks or filters certain material from being accessed through the Internet. The deadline for complying with NCIPA was July 1, 2002 for those libraries receiving 2002 E-rate discounts for Internet access or internal connections. The deadline for compliance with CIPA was July 1, 2004, following the Supreme Court ruling in 2003."
"Libraries that develop Internet use policies can address the fears of those who dread even inadvertent exposure to material they deem inappropriate while effectively protecting their patrons’ right to access information and right to privacy. Written policies can emphasize the library’s support for the principles of intellectual freedom and its respect for the diversity of its community while at the same time establishing that the library does not condone the use of its computers to access materials that are obscene or otherwise illegal. The use of time limits, terminal placement, privacy screens, and education classes can further support the library’s mission while addressing community needs." (40)
"Only when individuals are assured that their choice of reading material does not subject them to reprisals or punishment can they fully enjoy their freedom to explore ideas, weigh arguments, and decide for themselves what they believe." (41)
Per the ALA's Council's new interpretation on privacy in a post-9-11 world (the text quotes ALA's Privacy: An Interpretation of the Library Bill of Rights - "Everyone (paid or unpaid) who provides governance, administration, or service in libraries has a responsibility to maintain an environment respectful and protective of the privacy of all users. Users have the responsibility to respect each others’ privacy." (41)
(49) "The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services.
I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.
VI. Libraries that make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Adopted June 19, 1939, by the ALA Council; amended October 14, 1944; June 18, 1948; February 2, 1961; June 27, 1967; January 23, 1980; inclusion of “age” reaffirmed January 23, 1996."
Quotes ALA's Freedom to Read Statement in its entirety (see ALA's website)
Starts off with, "The freedom to read is essential to our democracy. It is continuously under attack. Private groups and public authorities in various parts of the country are working to remove or limit access to reading materials, to censor content in schools, to label "controversial" views, to distribute lists of "objectionable" books or authors, and to purge libraries. These actions apparently rise from a view that our national tradition of free expression is no longer valid; that censorship and suppression are needed to counter threats to safety or national security, as well as to avoid the subversion of politics and the corruption of morals. We, as individuals devoted to reading and as librarians and publishers responsible for disseminating ideas, wish to assert the public interest in the preservation of the freedom to read."
Ends with, "We believe rather that what people read is deeply important; that ideas can be dangerous; but that the suppression of ideas is fatal to a democratic society. Freedom itself is a dangerous way of life, but it is ours."
WEEK 1: IFM. Libraries: An American Value, pp. 224-225.
Quotes ALA's Policy on Confidentiality of Library Records in full (see ALA's website)
Includes #2: "Advise all librarians and library employees that such records shall not be made available to any agency of state, federal, or local government except pursuant to such process, order or subpoena as may be authorized under the authority of, and pursuant to, federal, state, or local law relating to civil, criminal, or administrative discovery procedures or legislative investigative power."
and #3:"Resist the issuance of enforcement of any such process, order, or subpoena until such time as a proper showing of good cause has been made in a court of competent jurisdiction."
WEEK 1: IFM. Policy concerning Confidentiality of Personally Identifiable Information about Library Users, pp. 269-270.
Quotes ALA's Policy concerning Confidentiality of Personally Identifiable Information about Library Users (ALA's website)
Excerpts ...
"...includes, but is not limited to, database search records, reference interviews, circulation records, interlibrary loan records and other personally identifiable uses of library materials, facilities, or services."
"The American Library Association recognizes that law enforcement agencies and officers may occasionally believe that library records contain information that would be helpful to the investigation of criminal activity. The American judicial system provides the mechanism for seeking release of such confidential records: a court order, following a showing of good cause based on specific facts, by a court of competent jurisdiction."
Link to 7th Edition: http://it.mesce.ac.in/downloads/CriticalPerspectives/booksforreview%20CPT%20S7/9780838935613-0838935613.pdf
Introduction
Part I: Intellectual Freedom and Libraries: An Overview (pp. 1-46)
Required Reading for Class
WEEK 1: IFM. Intellectual Freedom and Libraries: An Overview, pp. 3-45.Part II: Library Bill of Rights (pp. 47-200)
Required Reading for Class
WEEK 1: IFM. Library Bill of Rights: The Policy, p. 49.I. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation.
II. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment.
IV. Libraries should cooperate with all persons and groups concerned with resisting abridgment of free expression and free access to ideas.
V. A person’s right to use a library should not be denied or abridged because of origin, age, background, or views.
VI. Libraries that make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use.
Adopted June 19, 1939, by the ALA Council; amended October 14, 1944; June 18, 1948; February 2, 1961; June 27, 1967; January 23, 1980; inclusion of “age” reaffirmed January 23, 1996."
Part III: Protecting the Freedom to Read (pp. 201-300)
Required Reading for Class
WEEK 1: IFM. The Freedom to Read, pp. 203-206.WEEK 1: IFM. Libraries: An American Value, pp. 224-225.
WEEK 1: IFM. Policy on Confidentiality of Library Records, pp. 255-256.
WEEK 1: IFM. Policy concerning Confidentiality of Personally Identifiable Information about Library Users, pp. 269-270.
Part IV: Code of Ethics of the American Library Association (pp. 301-334)
Part V: Intellectual Freedom and the Law (pp. 335-372)
Part VI: Preserving, Protecting, and Working for Intellectual Freedom (pp. 373-416)